Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 11452 (UTT)

KAMROOJAMA ALIAS GULLU v. STATE OF UTTARAKHAND

ABA/1069/2025 · 2025-09-24

Alok Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:8570 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 24TH SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO. 1069 OF 2025 Kamroojama alias Gullu ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Rajveer Singh, Advocate. Counsel for the Respondent : Mr. Akshay Latwal, Assistant Government Advocate assisted by Mr. Prabhat Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application for anticipatory bail has been filed in Case Crime No.645 of 2024, registered at Police Station Bhagwanpur, District Haridwar. A charge-sheet has been filed under Sections 75, 76, 333 and Section 115(2) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the First Information Report dated 15.08.2024, the applicant went to the informant’s house on 02.08.2024 and sexually harassed her. 3. Heard Mr. Rajveer Singh, learned counsel for the applicant and Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent. 1 2025:UHC:8570 4. Learned counsel for the applicant argued that the applicant did not enter the informant’s house. He has been falsely implicated by the informant, a married woman. The incident allegedly took place on 02.08.2024, while the First Information Report was lodged on 15.08.2024. This delay has not been explained. Applicant has no criminal antecedents. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. 5. Mr. Akshay Latwal, Assistant Government Advocate, on instruction, has opposed the anticipatory bail application orally. 6. Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case. 7. Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Kamroojama alias 2 2025:UHC:8570 Gullu, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions: - (i) Applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment; (ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case. (iii) Applicant shall not leave the country without the previous permission of the trial court. 8. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Date: 24.09.2025 Pant 3